Art 1 to 3 (Consti 4th Year)

Archipelago

from Greek word pelagos, meaning “sea” or “part of a sea studded with islands”. It includes both sea and land which geographically may be considered as an independent whole.

Philippines territory consist of its Terrestrial, Fluvial and Aerial Domains

Territoriaal sea

part of the sea extending 12 nautical miles (19kms) from the low watermark. Also known as “marginal sea”, “marine belt”.

The seabed (sea floor or sea bottom) - land that holds the sea, lying beyond the sea shore, including mineral and natural resources.

Subsoil - refers to everything beneath the surface soil and the seabed including mineral and natural resources.

Insular Shelves - submerged portion of a continent or offshore island, which slope gently seaward.

Republican government

- democratic government by representatives chosen by the people at large

international laws

refers to the body of rules and principles w/c governs the relations of nations and their respective people in their intercourse with one another.

family

as the basic autonomous social institution

health

- is the state of physical social and mental well-being rather than merely the absence of physical disease.

ecology

branch of science that deals with the study of the interrelationships of living things and their environment

Comprehensive rural Development -

covers all phases of rural development - economic, social, political, cultural and industrial

indigenous cultural community

refers to those non-dominant group w/c possess and wish to preserve characteristic markedly different from the rest of the population.

natural rights

Rights posses by every citizen without being granted by the state for they are given to man by God as human being created to his image.

3 classes of rghts: N, C, S

constitutional rights

Rights which are conferred by the constitution.

statutory rights

Rights which are provided by laws by the law making body and consequently maybe abolish by the same body.

bill of rights

may be defined as a declaration and enumeration of a persons right and privileges which the constitution designed to protect against violations by the government or by an individual or groups of individuals.

due process of law

a law or a policy that hears before it condemns, a principle of fair play.

procedural due process

refers to the method or manner by which the law is enforced.

2 aspects of due process : P and S

substantive due process

- requires that the law itself not merely the procedure by which the law would be enforced is fair, reasonable, and just. Law requires that the law in question affecting life, liberty or property be a valid law.

Life - means something more than mere animal existence.

Liberty – denotes merely freedom from physical restraint. It also embraces the rights of man to use

his faculties with which he has been endowed by his Creator.

Property – may refer to the thing itself or the right over a thing.

right of assembly

right of petition

the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.

right of any person or group of persons to apply, without fear of penalty to the appropriate branch or office of the government for redress of grievances.

religious freedom and religion

right of man to worship God, and to entertain such religious views as appeal to his individual conscience without dictation or interference by any person or power, civil or ecclesiastical.

includes all forms of belief in the existence of superior beings exercising power over human beings

liberty of abode and travel

right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases without interference from any source.

writ of habeas data

a judicial remedy available to any individual whose right to privacy in life,

liberty, or security is violated or threatened by an unlawful act.

right to form an association

is the freedom to organize or to be a member of any group or association, union or society and to adopt the rules which the members judge most appropriate to achieve their purpose. Grants government employees to form labor unions.

power of eminent domain

police power

power of taxation

inherent powers of government

• power of the state to take private property for public use upon

  paying the owner just compensation.

• power of the state to enact laws and regulations in relation to person and property

  as may promote public health, public morals, public safety, and general welfare of the people.

• power of the state to impose charge or burden upon persons, property, or

  property rights for the use and support of the government and to enable it to discharge its

  appropriate functions.

taxes

are enforced proportional contributions from persons and property levied by the lawmaking body of the State.

obligation of contract

is the law or duty which binds the parties to perform their agreement according to its terms and intent if it is not contrary to law, morals, good customs, public order or public policy.

to be informed of his right

competent and independent legal counsel

right not to be tortured, threatened, and intimidated

right not to be detained in secret places

right of person under investigation

capital offense

is an offense, which under the law existing may be punishable by “reclusion perpetua”, life imprisonment, or death.

arraignment

is made in an open court by the judge or clerk, and consist in furnishing the accused of the copy of the complaint.

speedy, impartial, public trial

right to have a speedy, impartial, and public trial

• one that can be has as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it.

• absence of actual bias in the trial of cases

• it is not of necessity one to w/c the whole public is admitted, but it is one open to all.

public safety

The privilege of the writ of habeas corpus shall not be suspended except when the _______ requires it.

writ pf habeas corpus

Order issued by the court directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place. May be suspended by the president incase only if invasion or rebellion when public safety requires it.

writ of amparo

This special writ prohibits respondents from using the defense of simple denial. Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances when the right to life, liberty or security of a person is violated or threatened.

right against self-incrimination

no person shall be compelled to be a witness against himself which may expose him to criminal liability

involunatry servitude

slavery

peonage

denotes a condition of enforced, compulsory service of one to another.

______- the state of entire subjection of one person to the will of another

______- voluntary submission of a person to the will of another because of his debt.

right against double jeopardy

When a person is charged with an offense, and the case is terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical offense.

bill of attainder

legislative act which inflicts punishment without a judicial trial, if the punishment is less that death, the act is called bill of pains and penalties.

ex post facto law

An ________ law is one which operating retrospectively:

1. Makes an act done before the passage of a law;

2. Aggravates crimes or makes it greater than when it was committed;

3. Changes the punishment and inflicts a greater punishment than what the law annexed to the

crime, when committed; or

4. Alters the legal rules of evidence, and receives less testimony from what the law required at the

time of the commission of the offense, in order to convict the offender.